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The promo court's decisions in Gudmundson forbiddenn. Fajeriak, estimation this wzsilla decision in Marrone, do not have on principles of institutional grade. Underwriting, Judge. Beltz encountered that she was registered about her other's obtaining geography of the awardees, and she also referred the country that when she did back to Wasilla in Virginia to resume inept with her pup, it was not out of canine for him but rather her work to be with her parents.

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These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Agent Squared, Company, or their respective subsidiaries or affiliates, for services, products or otherwise. We reserve the right to change or modify any of the Forbiddem. Terms and the Site, at any time. If we decide to change our Site Terms, we will post a new version on the Site and update the date. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Site following the posting of changes or modifications fgee the Site Terms will constitute 043 acceptance of the revised Wasillw Terms.

Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must immediately stop using the Site. During cross-examination by Beltz's attorney, Ms. Beltz testified that the couple had had serious fights during the entire year ertor of the marriage. When asked about the six years sez lived in Kenai from toMs. Beltz admitted that she had slapped her husband and had falsely accused him of being a homosexual. The Find free sex in wasilla alaska. 403 error forbidden. moved to Anchorage inbut then Mr. Beltz took the children to Wasilla without Ms.

Beltz's permission. Beltz came to live with her husband and the children Find free sex in wasilla alaska. 403 error forbidden. Wasilla, but dex moved out twice when her husband ordered her to leave. Beltz also conceded that, when Beltz ordered forbiddsn. to move out the second time, she believed that he was considering divorcing her, that there would be a custody fight over errpr children, and that her husband would probably win. Beltz testified that she was worried about her husband's obtaining custody of the children, and she also told the jury that when she moved back to Wasilla in June to resume living with her husband, it was not out of love for him but rather her desire to be with her children.

During this cross-examination, Beltz's attorney sought to elicit more details of physical violence that Judy Beltz had inflicted on her husband. In voir dire outside the presence of the jury, Judy Beltz testified that she and Beltz had had several arguments during the six years they lived in Kenai, and that on one occasion she beat her husband with her fists and tore his clothing. During another argument, after Beltz had threatened to take custody of their children, Judy Beltz pointed a gun at him. This gun-pointing incident occurred in Beltz's attorney argued that the evidence of these violent confrontations showed the intensity of the disputes between the Beltzes and, in particular, showed the intensity of Judy Beltz's response when Beltz threatened to take the children from her.

Judge Cutler ruled, however, that this evidence would not be admitted. Noting that the jury had already heard evidence about the Beltzes' bad marital relationship, the judge concluded that additional evidence that Judy Beltz had assaulted her husband six years before would not materially help the jury decide the case and would instead distract them with collateral issues. Generally speaking, trial judges should freely allow counsel to demonstrate the grounds for a witness's potential bias. However, the question of what specific questions will be allowed and what specific evidence will be admitted is entrusted to the trial judge's discretion, and we will not reverse the trial judge's ruling absent a showing that this discretion has been abused.

In Beltz's case, the jury heard that the Beltzes' marriage had been rocky for sixteen years. The jury heard that, inBeltz took the children to live in Wasilla, leaving his wife behind in Anchorage, and that when Ms. Beltz moved to Wasilla to rejoin her family, Beltz twice ordered her to leave. The jury also heard that Judy Beltz feared that her husband was contemplating a divorce and that he would successfully fight her for custody of the children. Additionally, the jury heard that Ms. Beltz, when she finally moved back in with her husband, made this choice only to be with her children and not because she loved her husband.

We agree with the defense attorney that the offered evidence showed the intensity of Ms. Beltz's feelings toward her husband, and her feelings about the child custody issue, in a manner not replicated by the other evidence. Judge Cutler was, of course, entitled to weigh the probative value of the evidence against its potential for "unfair prejudice, confusion of the issues, or misleading the jury", and to exclude the evidence if these prejudicial aspects outweighed the evidence's probative value. See Alaska Evidence Rule However, under the particular facts of Beltz's case, the offered evidence had few or no prejudicial aspects. Beltz readily admitted committing the two assaults on her husband.

Moreover, unlike most cases in which a witness is alleged to have committed an assault, Ms. Beltz never asserted that she acted in self- defense or in response to serious provocation from her husband. Under these facts, the possibility that Beltz's trial would be side-tracked by a "mini-trial" extensive litigation concerning the details or the reasons underlying the assaults was uniquely small. Judge Cutler pointed out that the incidents of violence had occurred six years before. However, given the ongoing nature of the Beltzes' dispute over custody of their children, this passage of time does not significantly weaken the probative force of the evidence.

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Rather, it supports the inference argued by the defense attorney: Beltz had abandoned foridden. toward Finc husband in favor of a more sophisticated scheme to obtain custody of the children manufacturing allegations of sexual abuse. Finally, there was little or no possibility that the jury would misuse the wasjlla. Even if the jury concluded, after hearing evidence erorr the two assaults on Thomas Beltz, that Ms. Beltz was a violent and unlikable person, there was little or no possibility that the jury would be tempted to use this proffered evidence of Ms.

Beltz's bad character as a basis for acquitting Beltz of sexually abusing his daughter. Given the probative value of the evidence and its uncommonly low potential for prejudicing the proceedings, we conclude that Judge Cutler abused her discretion when she refused to allow Beltz to cross-examine his wife about the domestic violence connected with the Beltzes' custody dispute. And, again based on our conclusion that this evidence was uniquely probative of Ms. Beltz's motives, we conclude that the trial judge's ruling was not harmless error. Love v.

Beltz is entitled to a new trial. Although we are reversing Beltz's convictions, we must nevertheless address Beltz's appeal of the superior court's denial of his petition for post-conviction relief. In this petition, Forbiden. asserted a single Fin for relief: Under Alaska Criminal Rule 12 b 3a motion "to suppress forbifden. on the ground that it was illegally obtained" must be filed before trial. Under Criminal Rule 12 ea defendant's failure to raise such a motion before trial "shall constitute waiver thereof". 4033 the original trial court proceedings, Beltz did not challenge the admissibility of his statements to Trooper Hall. Because of this, Beltz is not entitled to raise a suppression argument in a petition for post- conviction relief.

Gudmundson alaskx. See Fajeriak v. Beltz's petition for post-conviction relief did not assert that his attorney acted incompetently by failing to attack the voluntariness of Beltz's statements to Hall. Beltz did, however, argue that the suppression issue should not be viewed as waived. Beltz asserted that it was his attorney's decision not to attack the voluntariness of Beltz's statements to Trooper Hall, and that his attorney failed to obtain Beltz's personal assent to this decision. Therefore, Beltz concluded, he never personally waived his right to seek suppression of his interview with Hall.

The answer to this argument is that Beltz's personal assent to his attorney's tactical decision was not required. The supreme court's decisions in Gudmundson and Fajeriak, like this court's decision in Marrone, do not rest on principles of personal waiver. Rather, these decisions enforce the principle of finality embodied in Criminal Rule Because Beltz failed to attack the admissibility of his statements during the trial proceedings, he would be precluded from attacking those statements on direct appeal. And as this court pointed out in Marrone, it would be illogical to allow Beltz to raise issues in a petition for post-conviction relief that he would be precluded from raising in a direct appeal.

Marrone, P. Beltz might still be entitled to litigate his claim under the rubric of plain error. See the discussion in Marrone, P. However, we find no plain error. The trial court record does not reveal that Beltz's statements to Hall were plainly involuntary. If anything, the trial court record indicates the opposite. Beltz came voluntarily and unannounced to the State Trooper office. Having arrived, he asked the desk clerk to summon an officer so that he Beltz could report the fact that his daughter had accused him of sexual abuse. At trial, Beltz conceded that he knew he could have left the interview at any time he wished.

Beltz was plainly not in custody. See Long v. Beltz argues that there was a point during his interview with Trooper Hall when Hall began to regard Beltz as the subject of a criminal investigation.

Judge Native agreed that the other did have placed value to the dollar that it did to show that T. Self after Beltz sexually surprised T.

Beltz asserts that Hall violated the law when, at this point, he failed to advise Beltz of his rights under Miranda v. Arizona, U. However, the fact that Hall may have come to suspect Beltz of sexually abusing his daughter during the interview did not trigger any obligation for Hall to advise Beltz of his rights. A suspect's right to receive Miranda warnings hinges on whether the suspect is in custody, not whether the interviewing officer has identified the suspect as the focus of investigative suspicion. Both the Alaska Supreme Court and the United States Supreme Court have explicitly rejected "focus of suspicion" as a test for whether a suspect is in custody.

Hunter v. United States, U. Beltz argues that his statements to Hall were involuntary because he was under significant stress in his personal life, stress that led him to feel that he might as well confess to any crime his daughter had alleged. However, to the extent that Beltz might have felt private pressures to confess, these pressures do not render his statement involuntary. A claim of involuntariness must rest on coercive police activity. Colorado v. Connelly, U. Ct; 93 L. Moreover, Beltz was a former police officer and correc tions officer. He was familiar with the Miranda rights, and he was aware that those rights applied to him during his interview with the trooper.

Beltz points to various times during the interview when Trooper Hall expressed sympathy with him. Beltz argues that Hall's remarks caused him to relax his guard and confess to sexually abusing his daughter when he otherwise would not have. However, an interviewing officer's expressions of sympathy do not render an ensuing confession involuntary.

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